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NOT FOR PUBLICATION ***
NO.
26318
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
In
the Matter of the Application of Frank Gonsalves Correa to
Register and Confirm Title to Land Situate at Omaopio 1, 2,
3,
and 4, Kula, Maui, State of Hawai`i
APPEAL FROM
THE LAND COURT
(APPLICATION
NO. 342; LAND COURT NO. 03-0014)
ORDER
DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the
record, it appears that final judgment has not been entered on the
petition for expungement, injunctive
relief and damages filed as Land Court No. 03-0014. The December 24,
2003 order granting expungement is an
interlocutory order that was not certified for appeal pursuant to HRS
§ 641-1(b). The December 24, 2003 order is not a
collateral order appealable as a final order inasmuch as the matter of
expungement was not completely separate from the
merits of Land Court No. 03-0014, but was a matter for which Land Court
No. 03-0014 was filed. The appeal of the
December 24, 2003 order is premature and we lack jurisdiction. See HRS §§ 501-63
and 641-1(a). Therefore,
IT IS HEREBY
ORDERED that this appeal is dismissed for lack of appellate
jurisdiction.
Dated: Honolulu,
Hawai`i, April 27, 2004.